Registering Trademarks and Patents in Indonesia

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With more than 270 million people, Indonesia is the largest market in Southeast Asia and a growing manufacturing hub. Intellectual property rights are territorial: a trademark or patent registered in your home country, in China or in Singapore does not protect you in Indonesia. If you plan to sell, manufacture or license there, file early.

1. Trademarks

• Authority: the Directorate General of Intellectual Property (DGIP, known locally as DJKI).
• First to file: as a rule, rights go to whoever files first. Registrations by third parties of well-known foreign brands happen, so file before you enter the market or appoint a distributor.
• Routes: a national application through a registered Indonesian IP consultant (required for foreign applicants), or an international registration designating Indonesia under the Madrid Protocol.
• Procedure: formal examination, publication for opposition (two months), then substantive examination. Registration typically takes one to two years, depending on objections.
• Term: 10 years from the filing date, renewable for further 10-year periods. A mark not used for three consecutive years may be challenged for non-use.
• Language: the application and the list of goods and services are filed in Bahasa Indonesia. Consider also registering a local-language or transliterated version of the brand if you will use one.

2. Patents

• Types: invention patents (20 years from filing) and simple patents for practical improvements (10 years).
• Routes: a direct national filing, a filing claiming Paris Convention priority within 12 months, or national phase entry of a PCT application.
• Examination: substantive examination must be requested within the statutory deadline and the fee paid; otherwise the application is treated as withdrawn.
• Translation: specifications filed in another language must be translated into Bahasa Indonesia within the set period.
• Recent reform: the Patent Law was amended in 2024. Check the current rules on working requirements, annuities and examination before filing.

3. Industrial designs

The appearance of a product can be registered as an industrial design for 10 years from filing. Novelty is assessed strictly, so file before showing the product at trade fairs or online.

4. Practical tips

• Search the DGIP database before launching a brand, and file before signing distribution or manufacturing agreements.
• Make sure the registration is in the name of your company, not your distributor or local partner.
• Monitor the official gazette for confusingly similar marks and oppose them in time.
• Record your rights with customs where available, and keep evidence of use in Indonesia.

The views expressed are personal and do not necessarily represent the position of NET CRAMAN. This article is for general information only and does not constitute legal advice. Rules change over time; seek specific advice before acting.